No representative of the Government of Belize appeared in court today to defend Government in the lawsuit lodged by the Belize Chamber of Commerce and Industry (BCCI), in which the Chamber is asking the court to order the Government to collect the revenues it had surrendered to privateers through the privatization of the Belize Companies Registry between 2000 and 2005.
The hearing had been postponed since last May because Chief Justice, Dr. Abdulai Conteh, who had granted the Chamber permission to seek the judicial review, was unable to hear the case. Now, the case is before Supreme Court Justice, John Muria.
Chamber’s attorney, Lois Young, reminded Justice Muria that Government has not filed any affidavit, nor has it submitted a skeleton argument in defense of its position.
Justice Muria commented that either the Government is not serious or doesn’t care to defend the case. He said that it is unfortunate that such an important matter is being left like this.
In order to give the Government another chance to defend its case, Justice Muria then went on to set a new date of May 10 for the hearing to proceed. The judge noted that the case would proceed on that date whether the defendants appear in court or not. A notice will be issued to the defendants informing them of the new date, he announced.
Attorney Young said in court today that Government’s no show could well be a strategy, because the court would not be able to make certain declarations that the Chamber is asking for in the absence of the defendants. She said that previously, the Solicitor General, who was then Elson Kaseke, had represented Government.
After initially rejecting the Chamber’s application, Chief Justice Conteh had decided to reverse his decision, and granted leave in January 2006.
The Chamber had lodged the case against the Prime Minister and the Minister of Finance; the Cabinet of Belize; the Commissioners of Stamps; and the Attorney General of Belize.
It is challenging Government’s decision of December 2005, to not collect any revenues in the form of taxes, penalties, fees, and other charges between 2000 and 2005.
BCCI’s general manager, Kevin Herrera, has filed affidavits in support of Chamber’s claim.
Herrera contends that GOB’s decision to forego the collection of revenues, leaving them in the hand of the privateers of the registry, is unlawful. He further recalled that in 2005, GOB had decided to increase taxes, sparking industrial action from the trade unions.
“One position of the NTUCB (National Trade Union Congress of Belize) was that collection from existing revenue sources must first be improved before taxes are increased or new taxes are introduced,” said his affidavit.
He also pointed out that he was not aware of any audit that would reveal how much revenue was foregone during the privatization period.
The affidavit also says that, “…the omission of the Commissioners of Stamps to recover stamp duties received by BELIPO is unlawful.”
The Chamber wants an order from the court to have the Commissioners collect the monies they believe should have been paid to the Government.
The suit does not list as respondents the privateers of the Belize Companies Registry and BELIPO, who are David Jenkins of Belmopan and attorney Denys Barrow, SC, who sits as a justice of appeal in the Eastern Caribbean Supreme Court. Nor does it list Solicitor General, Elson Kaseke, who was listed as a BELIPO director.
The then Attorney General, Hon. Godfrey Smith, executed the privatization.